Disability Discrimination Based on Neurological Impairments
Neurological impairments may affect an individual's speech, memory, motor skills, ability to learn, and muscle actions. They include traumatic brain injuries, multiple sclerosis, cerebral palsy, and epilepsy. When a neurological impairment substantially limits a major life activity, such as thinking or muscle action, the individual is considered to have a disability under the Americans with Disabilities Act (ADA). People with neurological impairments may face a significant amount of discrimination both in the hiring process and on the job. At Phillips & Associates, our New York City disability discrimination lawyers help workers and job applicants assert their rights.Disability Discrimination Based on Neurological Impairments
Often, employers perceive people with neurological impairments as problematic employees who will require accommodations, alienate coworkers, or present some other type of risk. An employer's discomfort may give rise to illegal discrimination. In order to get and keep a job, it is crucial for an individual with a disability to understand his or her rights in the workplace. An employer cannot ask you about your mental condition or your use of medication or require you to take a medical examination.
However, an employer is allowed to ask if you need an accommodation to complete a job application or conduct a non-medical exam to see if you can perform essential job functions. If an employer learns you have a neurological impairment during a medical exam conducted after the employer has extended you a job offer, you cannot be fired based only on that impairment.
In some cases, an employer creates a hostile work environment in order to push out an individual. However, it is illegal for coworkers, supervisors, or customers to harass you based on a neurological impairment. Harassment may include offensive remarks about a neurological impairment. A single instance of teasing or an isolated incident that is not severe may not count as harassment. Instead, harassment is prohibited if it is so frequent or severe that it generates a hostile work environment or results in an adverse employment action, such as termination. You should inform your employer about disability harassment, and it must take steps to correct the problem. If the employer does not correct the problem, you may be entitled to file a complaint.
Often, a neurologically impaired individual can perform essential job functions if a reasonable accommodation is provided. Under the ADA, you are entitled to a reasonable accommodation if your employer is covered, as long as you are otherwise qualified for the job. Your employer may deny you an accommodation only if it presents an undue hardship in terms of implementation or expense based on the employer's size, financial resources, and needs. Your employer may not refuse to provide an accommodation only because there is some cost involved, although it does not need to provide the precise accommodation you request. When more than one accommodation could work, the employer can choose which accommodation to provide to you.
An employer may not retaliate against you because you complain about discrimination or harassment on the job. However, it can be helpful to have an experienced attorney at your side to put pressure on your employer to follow the law and follow through with litigation if your employer fails to abide by the law.Discuss a Disability Discrimination Claim with a New York City Lawyer
Workplace discrimination based on neurological impairments is illegal in New York and elsewhere. At Phillips & Associates, our New York City disability discrimination attorneys fight tenaciously for workers whose rights have been infringed. Contact us at (212) 248-7431 or through our online form to set up a free consultation with an employment discrimination or wrongful termination attorney. Our clients come from throughout the Bronx, Brooklyn, Queens, Manhattan, Staten Island, Long Island and Westchester.
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